When can a parent refuse to send child to other parent

I am a concerned, no terrified father. I have been divorced for two years now. I my ex-wife has lost multiple jobs, homes and cars. Is currently dating an ex- boyfriend who is a convicted felon and has his convicted 20 yr son now living with her and my four children, one is still a minor.

Last summer when my ex-wife first started dating her now current boy friend, whom she broke up with when he was cheating on her with his ex-girlfriend. There where three time in which I received a call from my children to come and get them because my ex-wife boy friend was drunk and being belligerent, punch holes in the walls and throwing stuff all around.

One incident my daughter was so afraid that she could not even muster up enough will to get up and get into her bed. She had to be picked up by a couple of friends and moved to her bed.

I just recently found out that my ex-wife has brought this man back into my kids lives. I fear that their safety and well-being is in danger. Do I have a right to keep them from going over to their mothers house. Now, only one is a minor 14 yr old female. The other are 18 yr old boys. One is refusing to see his mother. Th other two are still deciding. I know they are young adults and can make up their own mind. But I want to know if I can keep my minor daughter with me for concern of her safety being in a toxic environment??

Terrified Father

If you have a court order setting forth custodial times, then you must follow that court order until it is modified. Based on the information you provided, you should file a motion to modify custody (assuming you have a court order) alleging these incidents and how you believe your daughter is unsafe with her mother and the mother is incapable of keeping your daughter safe.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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